California Government Code Section 11425.50(B) - Interpretation

Section 11425.50, subdivision (b), requires in part: "If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination, and on judicial review the court shall give great weight to the determination to the extent the determination identifies the observed demeanor, manner, or attitude of the witness that supports it." In California Youth Authority v. State Personnel Bd., supra, 104 Cal.App.4th 575, the Court of Appeal held that section 11425.50 applies to credibility determinations by an administrative law judge in SPB administrative adjudications of employee disciplinary actions. (California Youth Authority, supra, at pp. 588, 590-592.) We note that in that case, the SPB conceded that it is subject to section 11425.50, although its position in this case is to the contrary. (Id. at p. 591.)